In most cases in which a person dies with a will, his property is divided between his heirs according to his wishes. However, if someone dies without a will, it is up to a probate court to determine how property is to be divided. Also, a will may be challenged, in which case it must go to probate court.

In Probate Court

When someone dies without a will, state laws mandate that property and possessions of value be sold to pay off any debts. This can be done either publicly or privately, at the discretion of the executor of the estate. State laws set out a specific order in which possessions must be sold, and the court will progress through these items until the debt is paid. Items of minimal value, such as personal effects, are usually exempt.

The other occasion that brings an estate to probate court is when someone challenges a will. This can either be one heir challenging the will for a greater share of inheritance, or it can be someone who was not included in the will. In the majority of cases, the will is upheld by the court. Exceptions are usually only made in the case of private debtors, and are very rarely made in the case of an outdated will.

No matter the occasion, probate courts keep very detailed records. Once a case goes to probate court, the court must determine the fate of every possession. The process can take months or even years, and sometimes court costs and lawyers' fees can equal or exceed the value of the estate in question.